This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case.
- Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues.
- In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions.
- Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure.
- Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract.
- Covers the different types of mistake that can affect the validity of a contract and the available remedies.
- Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty.
New to this Edition:
- Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.
- Takes into account all the major developments in case law in these areas, including the decisions of the Supreme Court in Pitt v Holt (2013), Cramaso LLP v Ogilvie-Grant (2014), AIB Group (UK) Plc v Mark Redler & Co. Solicitors (2014), Hayward v Zurich Insurance Co. Plc (2016) and Patel v Mirza (2016); of the Court of Appeal in Salt v Stratstone Specialist Ltd (2015); and of the High Court in Sycamore Bidco Ltd v Breslin (2012), Yam Seng Pte Ltd v International Trade Corp. Ltd (2013) and National Crime Agency v Robb (2014).
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